sec.590Noise abatement order—making the order

### sec.590 Noise abatement order—making the order The relevant court may make a noise abatement order against the respondent if satisfied that— the respondent— has contravened a motorbike noise abatement direction; or has been given 2 noise abatement directions in relation to excessive noise emitted by a motorbike and the directions both relate to the driving of a motorbike on the same place which is not a road; and section 589 has been complied with. However, if the respondent has been charged with having committed an offence arising out of conduct on which the application is based and the proceeding on the charge has not been decided, the court must adjourn the application until the proceeding has been decided. The order must be in the approved form and state— the name and address of the respondent; and the particulars necessary to properly identify the motorbike; and the period, of not more than 2 years, for which the order is in force; and a description sufficient to identify the land on which the contravention happened and who owns the land; and any conditions the court considers appropriate to impose on the respondent in relation to the driving of the motorbike. Without limiting subsection (3) (e) , the order may include conditions restricting the use of the motorbike including, for example, any of the following conditions— the hours of day during which the respondent may drive the motorbike on private property; the maximum length of time the respondent may drive the motorbike at any one time during those hours; any particular areas on private property that must be avoided by the respondent when driving the motorbike; The respondent must not drive the motorbike within 100m of the boundaries of neighbours. the particular manoeuvres that must not be performed by the respondent when driving the motorbike. The respondent must not drive the motorbike in contravention of the noise abatement order. Maximum penalty—40 penalty units. The owner of the motorbike must not knowingly permit the respondent to drive the motorbike in contravention of the noise abatement order. Maximum penalty for subsection (6) —40 penalty units. s 590 ins 2005 No. 64 s 23 (sec.590-ssec.1) The relevant court may make a noise abatement order against the respondent if satisfied that— the respondent— has contravened a motorbike noise abatement direction; or has been given 2 noise abatement directions in relation to excessive noise emitted by a motorbike and the directions both relate to the driving of a motorbike on the same place which is not a road; and section 589 has been complied with. (sec.590-ssec.2) However, if the respondent has been charged with having committed an offence arising out of conduct on which the application is based and the proceeding on the charge has not been decided, the court must adjourn the application until the proceeding has been decided. (sec.590-ssec.3) The order must be in the approved form and state— the name and address of the respondent; and the particulars necessary to properly identify the motorbike; and the period, of not more than 2 years, for which the order is in force; and a description sufficient to identify the land on which the contravention happened and who owns the land; and any conditions the court considers appropriate to impose on the respondent in relation to the driving of the motorbike. (sec.590-ssec.4) Without limiting subsection (3) (e) , the order may include conditions restricting the use of the motorbike including, for example, any of the following conditions— the hours of day during which the respondent may drive the motorbike on private property; the maximum length of time the respondent may drive the motorbike at any one time during those hours; any particular areas on private property that must be avoided by the respondent when driving the motorbike; The respondent must not drive the motorbike within 100m of the boundaries of neighbours. the particular manoeuvres that must not be performed by the respondent when driving the motorbike. (sec.590-ssec.5) The respondent must not drive the motorbike in contravention of the noise abatement order. Maximum penalty—40 penalty units. (sec.590-ssec.6) The owner of the motorbike must not knowingly permit the respondent to drive the motorbike in contravention of the noise abatement order. Maximum penalty for subsection (6) —40 penalty units. - (a) the respondent— (i) has contravened a motorbike noise abatement direction; or (ii) has been given 2 noise abatement directions in relation to excessive noise emitted by a motorbike and the directions both relate to the driving of a motorbike on the same place which is not a road; and - (i) has contravened a motorbike noise abatement direction; or - (ii) has been given 2 noise abatement directions in relation to excessive noise emitted by a motorbike and the directions both relate to the driving of a motorbike on the same place which is not a road; and - (b) section 589 has been complied with. - (i) has contravened a motorbike noise abatement direction; or - (ii) has been given 2 noise abatement directions in relation to excessive noise emitted by a motorbike and the directions both relate to the driving of a motorbike on the same place which is not a road; and - (a) the name and address of the respondent; and - (b) the particulars necessary to properly identify the motorbike; and - (c) the period, of not more than 2 years, for which the order is in force; and - (d) a description sufficient to identify the land on which the contravention happened and who owns the land; and - (e) any conditions the court considers appropriate to impose on the respondent in relation to the driving of the motorbike. - (a) the hours of day during which the respondent may drive the motorbike on private property; - (b) the maximum length of time the respondent may drive the motorbike at any one time during those hours; - (c) any particular areas on private property that must be avoided by the respondent when driving the motorbike; Example for paragraph (c) — The respondent must not drive the motorbike within 100m of the boundaries of neighbours. - (d) the particular manoeuvres that must not be performed by the respondent when driving the motorbike.